Toxic exposure, hazardous waste, nuisance, and a citizen’s right to know

The legal rules regarding who is entitled to notice of instances of environmental pollution and toxic hazards are complex. Recent freight train derailments and chemical spills may have caused you to wonder: When are you entitled to know about such an event in your area? How should you be informed? These questions are not easily answered.

In State of Indiana, et al. v. Christobal Alvarez, the Indiana Court of Appeals considered what constitutes adequate notice to an Indiana resident by the State of the hazards and risks associated with living near a contaminated site. 150 N.E.3d 206 (Ind. Ct. App. 2020). The case turned on whether the resident who complained had suffered actual harm due to deficient notice. The result demonstrated the difficulty of recovering for claims based on risk of harm from environmental hazards.

In Clark-Floyd Landfill, LLC v. Gonzalez, a panel of the same Court determined residents had demonstrated a neighboring landfill emitted noxious odors and gases. 150 N.E.3d 238 (Ind. Ct. App. 2020). The landfill nuisance affected the residents’ health and interfered with the use and enjoyment of their property. The Court also considered whether the landfill took adequate measures to prevent pollution.

The right to be informed about environmental dangers and hazards is critical to ensuring public health and safety. Individuals have the right to know about certain environmental conditions, but the right is not absolute and certain information can be kept confidential. Contact a lawyer who is experienced in litigating these issues and conducting environmental law research to ensure you understand how the law applies to your situation. David Van Gilder of Fletcher Van Gilder LLP can help you navigate this landscape. He is committed to protecting your rights as they may be affected by environmental pollution, toxic hazards, and nuisance.